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Zittrain Torts Playlist Spring 2013

Vosburg v. Putney

Headnote

Should defendants be liable for unforeseeable injuries? The plaintiff and defendant are schoolmates. Plaintiff kicked the defendant's leg in a classroom, during school hours. After the kick, the defendant's leg--which had nearly recovered from a prior injury--became inflamed. The plaintiff was likely unaware of the defendant's previous injury, and therefore unable to foresee the extraordinary harm the kick would inflict.